B-104847, AUGUST 22, 1951, 31 COMP. GEN. 50

B-104847, AUGUST 22, 1951, 31 COMP. GEN. 50

TRANSPORTATION - HOUSEHOLD EFFECTS - NAVAL RESERVIST RECEIVING APPOINTMENT IN THE REGULAR NAVY A NAVAL RESERVIST ORDERED TO TEMPORARY ACTIVE DUTY WHO RECEIVES AN APPOINTMENT IN THE REGULAR NAVY WHILE ON SUCH DUTY AND WHOSE FIRST PERMANENT DUTY STATION ASSIGNMENT WAS AS A REGULAR IS NOT ENTITLED, UNDER NAVY REGULATIONS PROMULGATED PURSUANT TO SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, TO TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE TO SAID FIRST PERMANENT DUTY STATION.

COMPTROLLER GENERAL WARREN TO LT. JOSEPH L. KIRALY, AUGUST 22, 1951:

REFERENCE IS MADE TO YOUR LETTER OF JULY 5, 1951, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 23, 1948, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM PHILLIPSBURG, NEW JERSEY, TO SUNNYSIDE, LONG ISLAND, NEW YORK.

THE RECORD SHOWS THAT BY BUREAU OF NAVAL PERSONNEL ORDERS OF JUNE 13, 1947, ADDRESSED TO YOU AT PHILLIPSBURG, NEW JERSEY, YOU WERE ORDERED TO ACTIVE DUTY AS A NAVAL RESERVIST AND IF FOUND PHYSICALLY QUALIFIED WERE TO REPORT TO THE SUPPLY OFFICER IN COMMAND, NAVY SUPPLY CORPS SCHOOL, NAVAL SUPPLY DEPOT, BAYONNE, NEW JERSEY, ON OR BEFORE JULY 2, 1947, FOR ACTIVE DUTY UNDER INSTRUCTION, IT BEING FURTHER STATED IN SAID ORDERS THAT YOU HAD BEEN RECOMMENDED FOR TRANSFER TO PERMANENT COMMISSIONED STATUS IN THE UNITED STATES NAVY BY THE SELECTION BOARD CONVENED BY THE SECRETARY OF THE NAVY, AND THAT BY BUREAU OF NAVAL PERSONNEL ORDERS DATED DECEMBER 9, 1947, ADDRESSED TO YOU AS AN OFFICER IN THE REGULAR NAVY, YOU WERE DETACHED FROM DUTY UNDER INSTRUCTION AT BAYONNE, NEW JERSEY, AND DIRECTED TO PROCEED TO NEW YORK, NEW YORK, AND REPORT TO THE COMMANDANT, THIRD NAVAL DISTRICT, FOR DUTY AS ASSISTANT TO THE SUPERVISORY COST INSPECTOR, EASTERN AREA, BROOKLYN, NEW YORK. ADVICE INFORMALLY OBTAINED FROM THE BUREAU OF NAVAL PERSONNEL IS THAT YOU WERE COMMISSIONED IN THE REGULAR NAVY ON JULY 24, 1947, WHILE ON TEMPORARY DUTY AT BAYONNE, NEW JERSEY. ON MAY 13, 1948, YOUR HOUSEHOLD EFFECTS, WEIGHING 4,975 POUNDS, WERE PACKED, CRATED AND SHIPPED FROM PHILLIPSBURG, NEW JERSEY, TO SUNNYSIDE, LONG ISLAND, NEW YORK, AT A COST OF $94.01. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST SO INCURRED WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE. IN YOUR PRESENT LETTER YOU STATE THAT YOU STILL ARE ON DUTY AT THE SAME STATION AND SINCE TIMELY SHIPMENT WAS MADE YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT.

THE REGULATIONS GOVERNING THE PACKING, CRATING AND SHIPPING OF HOUSEHOLD EFFECTS OF NAVAL PERSONNEL AT GOVERNMENT EXPENSE IN EFFECT AT THE TIME YOUR GOODS WERE SHIPPED, AND HENCE FOR APPLICATION HERE, WERE PROMULGATED BY THE NAVY DEPARTMENT WITHIN THE STATUTORY CONCEPT (SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366) THAT IT IS A CHANGE OF STATION BAGGAGE ALLOWANCE, AND ON THAT BASIS SAID REGULATIONS PROVIDED FOR THE SHIPMENT OF HOUSEHOLD EFFECTS OF NAVAL RESERVISTS FROM HOME TO FIRST PERMANENT DUTY STATION--- IT BEING PROVIDED IN SAID PAY READJUSTMENT ACT OF 1942 THAT THE TERM "PERMANENT CHANGE OF STATION" SHOULD INCLUDE FOR RESERVE PERSONNEL MEMBERS OF THE REGULAR NAVY. ON THE CONTRARY, ARTICLE 29034 (7), CHANGE 7, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, DATED APRIL 1948, SPECIFICALLY PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS IS NOT AUTHORIZED FOR MEMBERS OF THE NAVAL RESERVE WHEN ORDERED TO TEMPORARY DUTY FOR PHYSICAL EXAMINATION PENDING APPOINTMENT IN THE REGULAR NAVY, AND WHEN ORDERED TO FIRST PERMANENT DUTY STATION AS A REGULAR.

SINCE THE RECORD SHOWS THAT YOU WERE ORDERED TO TEMPORARY ACTIVE DUTY UNDER INSTRUCTION AS A NAVAL RESERVIST; THAT SHORTLY THEREAFTER YOU RECEIVED AN APPOINTMENT IN THE REGULAR NAVY, AND THAT YOU WERE ASSIGNED TO FIRST PERMANENT DUTY STATION AS A REGULAR, IT IS CLEAR THAT THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. SUCH BEING THE CASE, THE SETTLEMENT OF SEPTEMBER 23, 1948, WAS CORRECT AND IS SUSTAINED.